Texas Statutes (Last Updated: January 4, 2014) |
AGRICULTURE CODE |
Title 2. DEPARTMENT OF AGRICULTURE |
Chapter 18. CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS |
Subchapter A. ORGANIC STANDARDS AND CERTIFICATION |
Sec. 18.010. STOP-SALE ORDER
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(a) If an organic agricultural product is being sold or distributed in violation of this subchapter or a rule adopted under this subchapter, the department may issue a written order to stop the sale or distribution of the product by a person in control of the product. The product named in the order may not be sold or distributed while labeled, marketed, advertised, or otherwise represented as "organic" until:
(1) permitted by a court under Subsection (b); or
(2) the department determines that the sale or distribution of the product is in compliance with this subchapter and rules adopted under this subchapter.
(b) A person in control of the product named in the order may bring suit in a court in the county where the product is located. After a hearing, the court may permit the product to be sold if the court finds the product is not being sold in violation of this subchapter or a department rule issued under this subchapter.
(c) This section does not limit the department's right to act under another section of this subchapter.